85% of taxpayers take no action to reduce Inheritance Tax!

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Despite Inheritance Tax being one of the easiest taxes to avoid, very few people take active steps to reduce this tax. This lack of means that HMRC often will take a larger shares of the estate than the beneficiaries!

However one of the reasons for the tax being so prevalent, is that many people who take out life insurance are unaware that on death the proceeds will be paid to their estate. This means that your beneficiaries may not be able to get their hands on money when they most desperately need it (as often probate will take 6-9 months to complete), but it also means that the life insurance payout may tip your estate over into the inheritance tax bracket.

Ensuring your life insurance payout is excluded from your estate is often the simplest and most effective way to reduce inheritance tax. Placing your policy in trust makes the payout tax efficient and also allows you to control who the monies are paid to.

There are other technical steps required to ensure that the payment out of a life policy is speeded up (typically these are ignored in 90% of the policies we examine). So you cannot rely on a trust alone.

Please ensure that you obtain professional advice. On reviewing one of our clients financial affairs we discovered that his solicitor had forgotten to nominate himself and his wife in their wills!

In addition they had received advice on taking out a joint policy for inheritance tax and they had been advised that they both should be the trustees. As this policy would not payout until  after the second death I asked if it would be necessary to hold a séance to determine how the assets of the trust should be paid out.

The clients response is unprintable !!!!

If you would like to discuss your Inheritance Tax arrangements please do not hesitate in contacting one of our Financial Planning Consultants if you would like to talk about this blog. At Pareto Lawrence we offer both Financial and tax planning advice to corporate and private clients

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Who would you trust with your children?

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In the UK there are over 13.2 million dependent children. 76% of them live in a two-parent family but 24% have just one parent caring for them – most of these are women.

With statistics like these, it is important to consider how best to look after your children if you are not around to look after them yourself. It is imperative that you discuss fully your requirements for your children with a professional adviser.

Careful thought and consideration are required to ensure that your will is drafted correctly so that the directions concerning the care of your children are clear.

You will naturally consider the need to appoint guardians and ensure that your choice is both suitable and practical. What is often overlooked is that you have a financial responsibility not only to your children but to the guardians themselves. After all they may be friends who love your children but that why should they bear the financial cost of bringing them up?

There are a variety of ways to fund the care of your children and to ensure that your wishes are taken into account. You should also wish to appoint trustees and ensure that they have the flexibility to increase payments to the guardians if required.

This all sounds as though this could cost a great deal of money, money that you do not currently have, but don’t let that put you off dealing with your responsibilities. You can pass the financial burden to a third party – an insurance company.

If you are able to pass on your immediate financial responsibilities in this way then you are not quite off the hook as you have to ensure firstly that you maintain the regular premiums on the policies. Secondly you also need to ensure that the life policies are written in trust (the salesman may not suggest it – as they get paid to sell a policy- not provide advice on trusts).

Otherwise you may have wasted part of the monies you have paid as the policy may be otherwise subject to inheritance tax. Hold a conversation now with your partner, before it’s too late.

All figures: ONS, Families and households, 2001 to 2011. January 2012

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How do you deal investment funds that are showing a loss on original purchase price?

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We are pleased to provide a guest blog from Rabix Wealth who understand the importance of psychological  differences with a variety of investors.

Investments, particularly in equities are subject to capital fluctuation or variances (most investors regard this as profit or loss)  – ranging from 30% for generalist unit trusts to 50% or more if invested in specialist area, including resource stocks and or investment trusts. However a capital variance only becomes a profit or loss when one sells an investment.

How you cope with capital variances depends upon the type of investor  are:-

DIY – DO IT YOURSELF INVESTORS

Typically we find that investor’s who manage their own portfolios, will hang onto loss making investments in the hope that they will recover. Instead of selling the problematic investments they will sell investments that are in profit (to cover the losses). Investment professionals do the opposite, they tend to ditch loss making investments (unless there are sound reasons for recovery) and hold onto profitable investments  – the maxim of “running winners”.

B&H – Buy and Hold Investors

These investors tend to be elderly and appreciate that the markets has its ups and downs but prefer to hang onto their portfolio of blue chips regardless of financial events. They are fond of receiving dividends but often don’t like change, this reluctance about change often prevents them taking investment action – this is often referred to as Investment Paralysis.

Reactive investors

They will re-act to market events and  take action quickly by selling their investment funds as they believe by doing so they will either avoid further loss or fail to make a profit (often forgetting that typically equity movements up or down tend to make a two third reversal of a capital variance within a reasonably short period of time).

Pro-active Investors

They will be more interested in dealing strategically with an unexpected dip in an investment fund, they may consider a range of strategies, including :-

WAITING

They will allow the market movement time to reverse and then may decide  sell thereby minimizing their loss.

AVERAGING

When investments go down, it is sometimes useful to consider buying additional units at the new lower price, this will reduce the average price of all units bought. The theory being that when the investment is back in profit – the overall gain will be higher. However this is not adviseable when market is in freefall!

RISK REVERSAL

Investment Trusts are very useful investment tools, they often trade at discounts to net asset value. There may be a reason for a large discount but the discounts can be anomalous .  A good example of this is the private equity sector, several years ago values in private equity plummeted as they were affected by the debt crisis and the drop in financial markets (they often hold unquoted companies and need substantial bank finance to fund deals and also to develop companies). For that reason the market has viewed the private equity sector negatively. However research of the investment trusts that make up this sector could reveal hidden stores of value that will prove to be of immense benefit to discerning investors.

You see unlike unit trusts which are prohibited by their trust deeds from holding any more than 5% in any one company, investment trusts can hold any proportion of a single company they wish, in the private equity sector they often buy whole companies that are in distress at knock down prices. Change the management, pay off debt and invest for growth. The impact is often transformational and they often sell off the company years later at a massive profit.

In the meantime, however, the investments are often in the books at “book cost”.

So not only are you buying at a discount but the real discount to true (non stated) value may be a lot higher.

Another reason for a large discount could be bad performance – one such investment has had difficulty with a major investment in recent years and although the difficulties are now over, it’s rating and discount has been affected – however it’s problems are over – so what an opportunity to invest at a knock down price and get a nice yield.

So how can you use the discounts on investment trusts to compensate for losses on unit trusts?

Well, you could simply invest in selected investment trusts.

Or you could survey your investment portfolio you may hold some unit trusts that have fared badly and are showing a loss – we refer to this concept as risk reversal.

Example

You bought a resource unit trust for £10,000 but it is currently showing a loss of 35% so is now only worth £6500. You could of course wait for that investment to recover OR you could sell it and re-invest the £6500 into a 35% discounted investment trust.

You have therefore swopped your unit trust worth £6500 into an investment trust whose present price values the investment trust at £6500 but whose assets are worth £10,000.

As stated earlier if your investment trust has cautiously valued its internal investment holdings then you may actually have investments whose true market value exceed the £10,000.

You have effectively swopped your loss for a discount, so you are effectively gambling that the performance of the investment trust will exceed the performance of the loss making unit trust and that the investment trust discount will narrow. Quite clearly if you choose this type of strategy it is essential you take advice from an investment trust specialist.

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If you personally own your trading premises and your trading company is paying you full market rent – Entrepreneurs Relief may be affected !

On 1 April 2011 you leave the partnership of which you have been a member for several years and transfer your 1/3 interest in the partnership’s assets to the remaining two partners. You make gains of £2,250,000 on your share of the business goodwill.

You also personally owned the premises from which the firm has traded for the 13 years you had owned it. Throughout that period the partnership paid you a full market rent for the use of these premises. When you left the firm you disposed of the premises to the remaining partners making a gain on the ‘associated disposal’ of £1,300,000.

All of your gains on the disposal of your interest in the partnership’s assets – £2,250,000 on the goodwill and £1,300,000 on the associated disposal of the premises – qualify for relief.

However, because you owned the premises personally while you were a partner, and a full market rent was paid to you for the business use of the property, a proportion of the gain relating to the premises will not attract relief.

Only the period for which rent was paid after 5 April 2008 is taken into account in restricting the amount of the £1,300,000 gain which qualifies for relief. This would be 3 of the 13 years the property was in use for the business.

A ‘just and reasonable’ figure in these circumstances would be.

Total gain on the sale of the premises £1,300,000
Gain accruing for 10 years of use from 6 April 1998 to 5 April 2008 £1,300,000 x 10/13 £1,000,000 £1,000,000.
Gain accruing for three years of use from 6 April 2008 to 5 April 2011 £1,300,000 x 3/13 £300,000.
Gain on premises attracting Entrepreneurs’ Relief £1,000,000 plus gains on disposal of interests in partnership assets £2,250,000.

Total gains attracting Entrepreneurs’ Relief £3,250,000
The gain not attracting relief will therefore be £300,000 (£3,550,000 minus £3,250,000).
If the rent paid by the partnership to you for the use of the premises was less than a full market rent then the adjustment to the gain accruing after 5 April 2008 must take this into account, allowing a higher proportion of the gain to qualify for relief.

It is important to take advice with regard to the timing of any disposals and in particular if you have what is regarded as an associated business.

Please do not hesitate in contacting one of our Financial Planning Consultants if you would like to talk about this blog. At Pareto Lawrence we offer both Financial and tax planning advice to corporate and private clients

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Electing for fixed protection

Given the reduction in the Lifetime Allowance, those with pension funds which are likely to exceed £1.5m at retirement should consider whether to apply for fixed protection so that the old limit of £1.8m continues to apply.

As always, there are a number of factors to consider when making an election and advice should be sought. Some of the salient points are:

  • If further pension contributions or benefit accruals occur after 5 April 2012, the election is voided (although a contribution could be made prior to 6 April).
  • Those who previously made elections for primary protection cannot make an election for fixed protection. Those who made an election for enhanced protection can give this up before 6 April 2012 and opt for fixed protection instead.
  • New pension arrangements cannot be started unless the new arrangement only receives a transfer of pension rights from an old scheme. It will, therefore, be important that those auto-enrolled into the new style all employee pension arrangements opt out before any benefit accrual happens.

If an election is to be made, form APSS227 (available on www.hmrc.gov.uk/penionsschemes/apss227.pdf) should be received by HMRC by 5 April 2012. Applications received after that date will not be accepted.

If you are concerned how these will effectt you then you should contact one of our Financial Planning Consultants, at Pareto Lawrence we offer both Financial and tax planning advice to corporate and private clients.

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“Tax Evasion and aggressive tax avoidance – morally repugnant” – George Osborne

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The recent budget announcement by the Chancellor included the “morally repugnant” comment above.

In the same announcement he reduced the 50% tax rate because those rich enough to be eligible for it, have been avoiding it.

Also compare the Chancellor’s actions and his warning about buying residential property through corporate entities, giving plenty of opportunity and time for those who have already benefited to take appropriate action to avoid being penalised.

Yet the government previously announced a public sector pay freeze without consultation and without notice and also cut subsidies for large-scale solar without any compensation for those small businesses who had already invested hard-earned funds in developing renewable energy this way.

The Government alludes to “austerity measures” but have failed to reduce public borrowing as our borrowing is increasing on a year by year basis. Failed to reduce the numbers of civil servants and has failed to tackle the quangos.

Talked about needing to invest in the economy because of the weakness of the private sector but failed to take strategic decisions to assist the economy.

This government also continues to deploy our troops in Afghanistan, putting our young men and women in serious danger. Yet the government is fully aware that our troops are having a negative impact on the people of Afghanistan . Fully aware that the limited numbers of troops that were sent there and the failure to provide them with proper resources (including proper protection) has caused deaths and injuries.

Yet the government is now talking of increasing aid to Pakistan, despite the undeniable proof that the Pakistan intelligence service is supporting the Taliban.

Many of our armed forces are having to put up with sub-standard accommodation and charity hand outs.

This government has also failed to exclude from our society known terrorists and criminals because of their “human rights”.

Surely all of the above are “morally repugnant” from a government that is long on talk and short on action.

If you are worried or concerned about how the budget will effect you then you should contact one of our Financial Planning Consultants, at Pareto Lawrence we offer both Financial and tax planning advice to corporate and private clients.

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